By Stephen Kane. Last Updated 5th January 2024. When you research personal injury claims you’ll usually read that to make a successful claim, somebody else has to be at fault. There are, however, situations where both parties can be partially to blame for the accident. This is where a split liability agreement comes into play.
These agreements are used when either both parties are equally to blame for an accident or where one party is more responsible but the other does share a smaller portion of the blame.
If you’d like to begin a split liability agreement claim today, you can call us on 0161 696 9685 and we’ll discuss the details of your claim right away.
If you want to know more about how split liability claims work before contacting us, then please continue reading this useful guide.
Select A Section
- What Does ‘Fault’ In An Accident Mean?
- What Is A Split Liability Agreement?
- How Much Compensation Could I Claim When Partly At Fault?
- Proportions In Split Liability Agreements
- Who’ll Decide The Proportion Of Liability In Split Liability Agreements?
- Common Accidents Which Can Lead To Split Liability
- Split Liability Car Accident Claims
- Split Liability Vs Knock For Knock
- How Long Do I Have To Make A Split Liability Claim?
- Making A Split Liability Claim With A No Win No Fee Solicitor
- Resources And Advice
What Does ‘Fault’ In An Accident Mean?
When fault is apportioned to somebody involved in an accident, it means that they were responsible for the accident. You’ve probably heard about personal injury claims referred to as ‘Non-fault claims.’
This would mean that the claimant had no part in causing the accident, and it was entirely the fault of the defendant. This is the basis on which most personal injury claims are taken on but there are cases where both parties involved in an accident, both accept partial responsibility for the accident.
Common faults when driving are:
- Driving into the back of another vehicle is usually always the fault of the driver behind.
- Pulling out onto a main road, where the driver on the main road has the right of way in most cases.
- When a collision occurs between a car turning right to leave a highway and collides with another vehicle already on the highway and travelling in the opposite direction.
Other examples of complete fault claims will exist, but this guide is going to cover the types of claims that can’t be settled in this way and the blame for the accident is split between 2 or more drivers or parties.
What Is A Split Liability Agreement?
A split liability agreement is where both parties involved in an accident have taken responsibility for the accident, sometimes this will be after a period of negotiation.
Both parties can seek a percentage of compensation for any injuries or damages caused by the accident.
If an accident is split 50/50 then you will receive 50 percent of the damages that would have normally been awarded if you had not been at fault at all.
For instance, if you would normally be awarded £10,000 compensation:
- If both parties agreed to be equally responsible for the accident (50/50) you’d receive £5000.
- If it was agreed that you were 25% responsible (75/25) you’d receive £7500 compensation.
If you make a successful personal injury claim where split liability applies, then the amount of compensation you could receive will depend on a few factors. One of these is how much liability is split between you and the other party. For example, if you are equally liable for the accident in which you were injured, then your compensation will be split 50/50.
Compensation for split liability claims can include general damages and special damages. General damages compensate a claimant for the pain and suffering their injuries have caused.
In the table below, we’ve included guideline compensation figures which relate to different injuries and can be used to help those valuing general damages.The figures are based on the 16th and latest edition of the Judicial College Guidelines (JCG).
The table should be viewed as a guide only. Please also note that the first entry in the table is not based on the JCG.
Could I Claim Special Damages?
Special damages is the head of your claim that addresses the financial losses caused by your injuries. For example, if you took time off work to recover and lost out on earnings, these could be recouped under special damages. This heading could also cover the cost of:
- Mobility aids and prosthetics
- Home adjustments
- Help with childcare or housekeeping
- Prescriptions and medical bills
For more advice on how much you may receive for your own claim, contact our advisors for free today.
Proportions In Split Liability Agreements
When agreeing to a liability agreement, they are described in terms of percentage splits (as you’ll have seen elsewhere in this guide). The table below outlines some common liability splits and what they mean:
|Somebody has accepted that they were completely responsible for the accident. You’ll get 100% of any compensation due.
|The other party has admitted the majority of the blame but you were partially to blame. You’ll receive 75% of any compensation that is awarded.
|Both parties are equally to blame for the accident. Your compensation will be reduced to 50% of the normal level.
Who’ll Decide The Proportion Of Liability In Split Liability Agreements?
Deciding upon the percentage split in split liability claims can be tricky, especially if neither side wants to back down or admit any liability at all.
Your personal injury solicitor will try to achieve an agreement with the other persons solicitor or insurance company but if that fails, other options exist including:
- Firstly, an insurance company could conduct their own investigations when considering road traffic accident.
- If the liability can’t be concluded following the investigation, then it may require the intervention of a judge in a court to decide on who was to blame and, if multiple parties were, the exact percentage split.
Common Accidents Which Can Lead To Split Liability
There are some types of road traffic accident which can end up as split liability claims including:
- Two cars reversing out of parking spaces at the same time and end up colliding with each other.
- Where one driver pulls out on to the main road from a junction and collides with another car, but the other car was driving above the speed limit for the road.
Split Liability Car Accident Claims
In the first example above, of the two cars reversing out at the same time, another scenario could be that one driver spotted what was about to happen and stopped their car, but the other driver didn’t, and the collision still happened.
You’d think that the driver who stopped wouldn’t be liable at all, but this would be difficult to prove if there were no witnesses or any CCTV or dashcam footage to support the claim. If this is the case, it may be advisable to accept a 50/50 agreement.
Split Liability Vs Knock For Knock
A split liability agreement is not to be confused with a knock for knock type agreement. Split liability claims are used to make personal injury claims where each party has admitted to their portion of responsibility for the accident.
How Long Do I Have To Make A Split Liability Claim?
All personal injury claims in the UK have strict time limits associated with them. The table below shows the current time limits for making a split liability claim:
|Type of claim
|Personal Injury Claim
|3 years from the date of accident or date of knowledge of injury
Depending on how the defendant (or other party involved in the accident) reacts to the claim that they were partly to blame for the accident, these types of claims may take a while to conduct.
Therefore, it’s advisable to ensure you make your claim as soon as possible to allow your solicitor to deal with negotiations about liability, to allow any investigations to take place and to ensure they have enough time to gather all of the supporting evidence needed to make a claim.
Making A Split Liability Claim With A No Win No Fee Solicitor
If you have strong grounds to claim split liability compensation, then you could seek help from a solicitor. If you speak to our advisors about your personal injury claim, they may connect you with a No Win No Fee solicitor from our panel.
A No Win No Fee solicitor from our panel may offer their support under a Conditional Fee Agreement (CFA). Under this agreement, you won’t need to pay for your solicitor’s services before your claim starts or while it’s being processed. You also won’t need to pay them if your claim is unsuccessful.
If your claim is successful, then the No Win No Fee solicitor who supported your claim could take a legally capped percentage from the compensation awarded to you. This percentage is referred to as a success fee.
To ask questions about working with a No Win No Fee solicitor or other aspects to split liability claims, contact our advisors for free. You can reach them by:
- Giving us a call on 0161 696 9685
- Filling in our online contact page
- Or by messaging us through our 24/7 live chat
Resources And Advice
We hope that you’ve now got enough information to base your decision of whether to claim or not on. For further information, we’ve provided some more relevant and useful guides and articles:
Whiplash Injuries – A guide to the cause, symptoms and treatment for whiplash and similar conditions.
The Highway Code – the rules of the road in the United Kingdom for motorists, pedestrians and cyclists.